(1) General Remarks
The following provisions are intended to govern legal raltionships between the models, Aquamarine Model Management (agency) and the respective client in binding manners, unless other agreements have been expressly made in specific cases.
(2) Basis for Booking
The agency makes declarations to the client in the name and on behalf of the model. The client is defined as the one who books with the agency, unless otherwise agreed in writing at the time of booking.
(3) Details of Bookings
Options are reservations subject to a binding date. An option terminates if the client does not confirm the booking no latre than 3 workdays (by 6 pm) before ths start of work or within workday after being requested to do so by the agency. Saturday and sunday are not considered as workdays. German calender time applies. Options are noted dowm in the order in which they are received. If the cleints option is not the first option, the client will be informed of his options priority. If any options should lapse, subsequent options will move up in priority.
Confirmed Bookings are considered binding for both parties. At the clients request, the agency must confirm them in writing without delay, indicating essential details.
Weather-related Bookings are only permissible at the models place of residence and must be expressly denoted as such. Unless agree otherwise, these are considered as referring to fair-weather bookings. If weather conditions are not as desired of if they are unforseeable, the client may cancel the booking with the agency up to one hour before the agreed start of work. In this case the cancellation fee amounts 50 % of the agreed models fee.
A confirmed booking can be cancelled for an improtant cause. A cause for cancellation can also be conditions which make the confirmed booking economically unacceptable. The agency must be informed of the cancellation without delay. The cancellation must be made as many workdays before the start of work as the number of workdays and traveldays that have been booked, however a minimum of 3 days beforehand. Should the cancellation be made before 12 noon, this day counts in making the calculation. Saturday and sunday are not considered workdays. German calender time applies. Bookins by the day or hour must be made 24 hours before the start of work. If the model makes the cancellation, the agency makes every effort, even calling in another agency if necessary, to find an adequate substitue for the client. If the cancellation should be late or without cause, the agreed models fee must be paid.
(5) Working Hours
The working hours for a booking by the day amount to eight hours, for a hald-day booking four hours. Unless agreed otherwise, the working hours for a booking by the day begin at 9 am and end at 6 pm with a one-hour break for lunch.
The working hours begin when the model meets the client at the agreed location at the agreed time. Preparations such as amkeup and hair styling count as working hours. Overtime is remunerated at 15 % of the agreed daily fee for each hour or part of an hours. If the working hours are exceeded by 30 minutes or less, this will be considered a favour and not put to account. Travel from the hotel to the agreed location and back is also part of the working hours.
(6) Models Fee
The models fee includes the daily fee and the buyout for rights of use plus any VAT which may apply (VAT is inapplicable in case of taxation of small business owners).
Fashion Rate includes all photographs of clothing and accessories appurtenant to fashion (night-clothes, jewelry, stockings, shoes, hairdos, eyeglasses etc.) which are designed in connection with fashion, insofar as this does not involve advertising.
Special Fee is charged for underclothes, corsets, nudes, consumer goods advertising with photographs at the fashion-rate and adverstising films.
Half-day Bookings and Bookings by the Hour always require a separate agreement for models who travel to the place of work. The models fee for half-day bookings amounts to at least 60 % of the daily fee for models residing at the location.
(7) Travel Expenses
The models traveling to and from the location is recompensed if it falls, in whole or in part, within the usual working hours for models.
(8) Terms and Conditions of Payment
The models fee, including cancellation fee, recompense for days of travel and travel expenses will be dued upon receipt with no discounts. Travel expenses must be paid in the local currency or in Euro at the buying rate; other payments must be made in Euro.
(9) Complaints and Liability
In the event of complaints, the client must inform the agency immediatly and state the grounds for the complaint.Polaroids must be taken to provide evidence for the complaint. The model must then be expressly released from the obligation to work. The model is not considered for hair styling, styling and makeup. Proven client complaints revoke any obligation to pay for this model, including travel expenses. If photographs are nevertheless taken using the model, the client will be considered as having waived all rights to complaint.
The client must take out an appropriate insurance policy for models involved in particularly hazardous shots. If the agency was not expressly informed of the hazard at time of booking, the model is entitled to refuse perfomance and receives a cancellation fee in the amount of 70 % of the entire fee which was agreed.
Further claims are subject to general statutory regulations. The models liability as well as that of the agency, on any legal grounds whatever, is restricted to double the amount of the total fee, except in cases of gross negligence and wrongful intent.
(10) Rights of Use
Unless otherwise agreed, paying the agreed models feegives the client exclusively all rights of use to the photographs of one year within the territory of the Federal Republic of Germany for the agreed use, the agreed product and the agreed form of use. The limit of one year begins at the time of first actual use, but no later than two months after the photographs were taken.
(11) Final Provisions
German law applies to all parties to these booking conditions, agency, client and model. Place of performance for all obligations arising bookings in connection with rights of use is the place of business of the agency.